Michael L. Perlin

Professor of Law
Director, Mental Disability Law Program
Director, International Mental Disability
Law Reform Project, Justice Action Center

An internationally-recognized expert on mental disability law, Michael L. Perlin has devoted his career to championing legal rights for people with mental disabilities. A prolific author of 23 books and nearly 250 scholarly articles on all aspects of mental disability law, Professor Perlin says that his ninth book, The Hidden Prejudice: Mental Disability on Trial (2000), “represents my lifetime work.” The book is an attempt to educate society about how the fear of persons with mental illness creates a hidden bias against them that prevents equal justice, a form of discrimination he calls “sanism.”

In his book and his other work, he speaks out against “sanism,” which he defines as “the irrational prejudice that causes, and is reflected in, prevailing social attitudes toward persons with mental disabilities.”  In a book he published last year, INTERNATIONAL HUMAN RIGHTS AND MENTAL DISABILITY LAW: WHEN THE SILENCED ARE HEARD (2011), he explores how the virulence of sanism is an international phenomenon. He currently has two books in press: MENTAL DISABILITY AND THE DEATH PENALTY: THE SHAME OF THE STATES (Rowman & Littlefield), and A PRESCRIPTION FOR DIGNITY: RETHINKING CRIMINAL JUSTICE AND MENTAL DISABILITY LAW (Ashgate) (both to be published, 2013).

A teacher-lawyer-advocate who advises mental health professionals, hospitals, advocates, activists, lawyers, and governments, Professor Perlin has worked directly on mental disability cases as a deputy public defender and as director of the Division of Mental Health Advocacy in the New Jersey Department of the Public Advocate. He has witnessed the complexities and frustrations facing both judges and attorneys with such cases.

Professor Perlin travels around the globe to speak out about the legal rights of people with mental disabilities. In conjunction with  Disability Rights International, a U.S.-based human rights advocacy organization, he has presented mental disability training workshops in Hungary, Estonia, Latvia, Poland, Bulgaria, and Uruguay. As part of his work with the Justice Action Center, he is working with advocates from Japan, Australia and the Pacific Rim to create the Disability Rights Tribunal for Asia and the Pacific, a topic that he discusses at length in a recent article, Promoting Social Change in Asia and the Pacific: The Need for a Disability Rights Tribunal to Give Life to the UN Convention on the Rights of Persons with Disabilities, 44 GEO. WASH. INT’L L. REV. 1 (2012),. He has done extensive work in China with the American Bar Association’s Rule of Law—Asia office where he has conducted “Training the Trainers” workshops in Xi’an, China to teach experienced death penalty defense lawyers how to train inexperienced lawyers, employing the online distance learning methodologies used in the NYLS online program. As a Fulbright Senior Specialist, and in that role, taught International Human Rights and Mental Disability Law, to the Global Law Program at the University of Haifa in Israel and has helped create a disability rights clinic at the Islamic University of Indonesia in Yogyakarta.

In 2002, he helped organize a symposium at New York Law School on “International Human Rights Law and the Institutional Treatment of Persons with Mental Disabilities: The Case of Hungary.” It was the first such U.S. gathering, bringing together prominent activists, advocates, and attorneys to look at the application of international human rights law to improve the treatment of people with mental disabilities.

His multivolume treatise, Mental Disability Law: Civil and Criminal (Lexis Law Publishing, 1998–2003), which was first published in 1989 by Michie, won the 1990 Walter Jeffords Writing Prize; the five-volume second edition of that treatise won the Otto Walter Writing Award in 2003 and is the indispensable authority for legal practitioners. A seven-volume third edition -- to be co-authored with NYLS Adjunct Prof. Heather Ellis Cucolo -- is currently in preparation. Another book, The Jurisprudence of the Insanity Defense (Carolina Academic Press, 1994), won the Manfred Guttmacher Award of the American Psychiatric Association and the American Academy of Psychiatry and Law as the best book of the year in law and forensic psychiatry in 1994–95. He was given the American Academy of Psychiatry and Law’s Amicus Award in 1998.

Since he joined the faculty in 1984, Professor Perlin has helped build the course offering in his legal specialty at New York Law School to such an extent that it now leads the nation in mental disability law curricula. He created and teaches the first online courses on mental disability law, offered to students here, at other U.S.-based law schools, as well as in Japan and in Nicaragua. There are currently twelve courses in the online program, and more will be added in the immediate future. He also was instrumental in the creation of the new online Masters of Arts program in mental disability law studies that NYLS launched in January 2009.

Professor Perlin has many other passions outside the law, including the clarinet, fishing, and the music of Bob Dylan.

Contact Information:

T: 212-431-2183
F: 212-966-2053
E: michael.perlin@nyls.edu
O: Assistant: Sonja Davis
E: sonja.davis@nyls.edu
O:C245

Education:

Rutgers, A.B. 1966, magna cum laude, Phi Beta Kappa
Columbia, J.D. 1969, Harlan Fiske Stone Scholar (Kent Commentaries, Managing Editor)
Law Clerk, Hon. Sidney Goldmann, Appellate Division, Superior Court of New Jersey
Law Clerk, Hon. Ralph L. Fusco, Law Division, Superior Court of New Jersey

Award-winning author on mental disability law and insanity defense. Serves on Board of Directors of International Academy of Law and Mental Health and lectures frequently in Central and Eastern Europe and elsewhere on international human rights and mental disability law. Testifies in trials as expert witness on questions of effectiveness of counsel in cases involving mentally disabled criminal defendants.

Courses:

  • Civil Procedure
  • Survey of Mental Disability Law
  • Criminal Procedure: Adjudication
  • International Human Rights and Mental Disability Law
  • Advocacy Skills in Cases Involving Persons with Mental Disabilities: The Role of Lawyers and Expert Witnesses
  • The Americans with Disabilities Act: Law, Policy and Practice
  • Mental Disability and Criminal Law
  • Therapeutic Jurisprudence

At New York Law School since 1984.

Publications